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University researchers play a central role in patents and the innovation ecosystem. RSA cryptography, CAPTCHA, mRNA vaccines, Gatorade, the computer mouse, and e-ink displays all originated in university labs, along with countless other technologies that shape modern life.
Universities are also major participants in the patent system, both in the United States and globally. The University of California alone received 571 U.S. utility patents in 2025, more than a quarter of the number granted to Google that year and roughly 100 more than Meta.
Yet despite universities’ significant presence in the patent system, many individual researchers—the inventors themselves—often experience the process as a black box.
Limited familiarity with the process can sometimes affect the strength of the patents a university ultimately secures. No one expects inventors to be experts in patent law, but knowledge of a few basic principles can make a meaningful difference.
Note that if you are engaged in research, you are a potential inventor. If you have ever wondered whether your work might be patentable, here are a few ideas worth keeping in mind.
‘Have I even invented anything?’
Researchers are often their own harshest critics. I have heard inventors tell attorneys, “There’s really nothing new here.”
But what they mean is, “All of the different pieces of what I did were known separately, but no one had ever thought to put them together before.”
Putting things together in a way that no one else has ever done before is new! And it may very well be patentable.
The first step toward obtaining a patent is simply recognizing that an invention may exist. Don’t be too quick to dismiss your research as unworthy of patent protection without considering the possibility.
If you believe you may have developed something new, reach out to your institution’s office of technology transfer. These offices help universities protect and license inventions, including by filing patent applications. They can help evaluate whether pursuing a patent makes sense.
If your institution does not have an office of technology transfer, consider speaking with your department head, the university’s general counsel, or even a research librarian about next steps.
Patent now, publish later
The most common issue attorneys encounter when working with university inventors is that the research they intend to patent has already been publicly disclosed. Often, the inventor has published a journal article, presented at a conference, or posted the work to a preprint site before considering whether the invention discussed in the publication might be patentable.
Previous public disclosure can significantly limit the ability to obtain patent protection. While U.S. patent law provides a limited grace period, many foreign jurisdictions do not. In practical terms, once an invention has been publicly disclosed, the opportunity to secure meaningful global patent protection may be lost.
And yes, many forms of academic communication count as public disclosure. Publishing in a paywalled journal qualifies. Speaking at a conference qualifies, regardless of the size of the audience. Posting a paper to a preprint server qualifies.
From a scholar’s perspective, this rule can feel counterintuitive. When you invent something exciting, the natural instinct is to share it! Academic culture reinforces that instinct. The publish-or-perish environment rewards rapid dissemination of new ideas.
The good news is that, while getting a patent is a long process, applying for a patent—also called “filing”—doesn’t have to be. Patent attorneys can turn around a patent application in less than 48 hours. (This isn’t the ideal timeline, but much like writing an entire term paper the night before it’s due, it’s better than not turning in anything at all!)
Once a patent application has been filed, you are generally free to publish about your invention, present it at conferences, or upload it to preprint sites without jeopardizing your patent rights.
In other words, you do not have to wait until the patent is granted before sharing your work. Filing first simply allows you to protect your patent rights before publicly disclosing the invention.
Better positioned for patents
If you would like to better understand the process, whether or not you plan to pursue a patent, there are many ways to learn more. It does not have to remain a black box.
Reach out to your office of technology transfer. Speak with a research librarian. Explore the many books and articles that have been written about university innovation.
The more familiar university researchers are with how the patent system works, the better positioned they will be to protect their discoveries and contribute to universities’ long tradition as hubs of innovation.
Originally published by University Business.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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